Marijuana Moment: Washington Bill To Allow Medical Marijuana Use In Hospitals Heads To Governor’s Desk

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Washington State Senate lawmakers have sent the governor a bill to allow terminally ill patients to use medical cannabis in healthcare facilities such as hospitals, nursing homes and hospices.

The legislation, sponsored by Rep. Shelley Kloba (D), was passed by the Senate in a 46-2 vote on Tuesday after having previously been passed by the full House of Representatives in a vote of 89-6 last month. It next heads to the desk of Gov. Bob Ferguson (D).

If enacted in to law, the  legislation would mandate that hospitals and other specified healthcare facilities allow terminally ill patients to use medical marijuana on the premises beginning on January 1, 2027, subject to certain rules and restrictions.

“The medical use of cannabis may support improved quality of life for a qualifying patient…with a terminal condition,” the bill’s text says. “It is the intent of the legislature to promote dignity and comfort for terminally ill patients while maintaining the integrity and safety of health care environments.”

Sen. Annette Cleveland (D) said on the Senate floor ahead of the vote that the bill “truly can improve quality of life for patients as they face their final days.”

Under HB 2152, patients and their caregivers would be responsible for acquiring and administering medical marijuana, and it would need to be stored securely at all times in a locked container.

Smoking or vaping of cannabis would be prohibited, so patients would need to consume it via other methods.

Marijuana could not be shared between patients and visitors, and the right to use medical cannabis under the bill would not apply to patients who are in the emergency department.

Healthcare facility officials would need to see a copy of patients’ authorization to use medical cannabis, and they would be required to note their use of the drug in medical records. They would also need to establish a formal policy “allowing for the medical use of cannabis” on the premises.

Facilities would also be able to suspend permission to use cannabis under the bill if a federal agency such as the U.S. Department of Justice or Centers for Medicare and Medicaid Services takes an enforcement action against such use or “issues a rule or other notification that expressly prohibits the medical use of cannabis in health care facilities.”

The House Health Care & Wellness Committee adopted an amendment to exempt nursing homes operated by a residential habilitation center from the requirement to allow the medical use of cannabis, to clarify that the bill doesn’t apply to patients who haven’t been formally admitted to a hospital and to specify that patients and their caregivers are responsible for retrieving the medical cannabis (in addition to their responsibilities related to acquiring, administering, and removing the medical cannabis).

California and a handful of other states already have laws allowing terminally ill patients to use medical cannabis in healthcare facilities. Known as “Ryan’s Law,” the legislation is partly inspired by the experience of Jim Bartell, whose son died from cancer and was initially denied access to cannabis at a California hospital.

The Bartells did eventually find a facility that agreed to allow the treatment, and Jim said Ryan’s quality of life improved dramatically in his final days.

Sen. Marcus Riccelli (D) on Tuesday spoke about Ryan’s story on the Senate floor.

“He was given fentanyl, which made him basically unable to communicate with his family,” the senator said. “He was able to be moved to a hospital where medical cannabis was used. He was lucid and really got a lot out of the last few weeks of his life. And so the goal here is to provide more opportunities for that for more people.”

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Lawmakers in several other states are also considering and advancing bills to expand medical marijuana access in hospitals, nursing homes and hospices.

Meanwhile, Washington State lawmakers this session also filed a bill to legalize the home cultivation of marijuana for personal use by adults.

Separate legislation was also introduced to allow short-term rentals like Airbnbs in Washington State would be able to offer guests complimentary marijuana prerolls.

Yet another measure that was filed would legalize and regulate therapeutic use of the psychedelic psilocybin.

Photo courtesy of Max Pixel.

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